Crimes And Misdemeanors?

Albany County District Attorney David Soares’ report on the travel records scandal concludes that former Gov. Eliot Spitzer may have lied during the DA’s investigation by saying he didn’t direct the gathering or release of documents on Senate Majority Leader Joseph Bruno’s travel. According to testimony from Spitzer’s former spokesman, Darren Dopp, the governor had been calling the shots for months, was apprised of the progress of the review, and finally signed off on it.

But with the governor’s resignation March 17 in the unrelated federal prostitution probe, a grand jury’s involvement would be moot, Soares said.

Soares notes that in matters “concerning any misconduct, nonfeasance or neglect in public office by a public servant,” a grand jury can consider evidence and submit a report that would serve “as the basis for a recommendation of removal or disciplinary action.” However, he said, that applies only to public servants; once they resign, their name “must be deleted from the report.” In other words, once they’re left office, there is no public servant to remove or discipline.

Spitzer’s apparent lie to Soares (if, Soares noted, Dopp was being truthful) was not the only potential wrongdoing in the affair. According to the report:

A Spitzer advisor, Policy Director Peter Pope, noted that if Dopp believed Bruno had done something wrong, he was obligated to turn it over to the Inspector General and could be criminally liable if he did not. Two other aides, Counsel David Nocenti and Secretary Richard Baum, “dismissed Pope’s comments.”

The report initially says that “evidence developed which indicated that David Nocenti might have committee a crime” related to his acting as a notary, but later states “there was no viable prosecution.”

Dopp didn’t commit perjury, but may have committed two misdemeanors – offering a false instrument for filing, and making an apparently sworn false statement, both in the second degree. After Dopp’s attorney, Michael Koenig, told Soares that there was information that Spitzer was more deeply involved in the release of Bruno’s records than was previously know, Soares says he looked further at the evidence against Dopp and concluded that “a successful prosecution of Dopp was highly unlikely” and “would not further the interest of justice.” Instead, he determined the public interest “would be better served by uncovering the truth in this matter rather than by the unsuccessful prosecution of a former communications director.” Dopp was granted immunity.